Uffner v. La Reunion Francaise, S.A.
244 F.3d 38 · Court of Appeals for the First Circuit · 2001
Facts
Uffner's yacht, La Mer, insured by appellees, caught fire and sank near Puerto Rico. Appellees denied Uffner's insurance claim, citing the absence of an "out-of-water survey." Uffner sued in Puerto Rico, but the district court dismissed the case for lack of personal jurisdiction and improper venue.
Issue
Did the district court err by sua sponte dismissing the case for lack of personal jurisdiction when the defendants had waived that defense, and was venue proper in Puerto Rico under 28 U.S.C. § 1391(a) given that the insured event occurred there?
Holding
Yes, the district court erred. The appellate court vacated the dismissal, finding that the defendants waived the personal jurisdiction defense and that venue was proper in Puerto Rico because the sinking of the yacht constituted a "substantial part of the events" giving rise to the claim.
Rule
A defense of lack of personal jurisdiction is waived if omitted from a Rule 12 motion, and a court cannot sua sponte raise a waived personal jurisdiction defense. Under 28 U.S.C. § 1391(a)(2), venue is proper in a judicial district where a "substantial part of the events or omissions giving rise to the claim occurred," and this includes the location of the insured event in an insurance claim dispute.
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